Bad experience

[Cinderella94]

I'm right there with you. I can't fathom how the child was so injured in the story as it's been presented thus far. Something doesn't add up or a piece of the story is missing. The trams just don't move fast enough, or get going fast enough, to cause serious injury to someone seated properly.

Not even addressing trying to get something additional. That's just beyond the pale to me.

Yes, exactly. None of this makes sense to me.

 

[robl45]

I wasnt looking for monetary compensation . A few extra fastpasses would have been a nice makeup up for the situation . As far as Ohanas I was trying to cancel our reservation from the time of the incident but could not get through on the line . When you make a dining reservation your cardte is charged whether you show up or not . Before I was able to check in at Ohanas someone without a reservation checked in and was seated before us .
As far as the tram being responsible I think they could have braked a little softer . I dont disagree with stopping but the manner of the stop caused the situation . The gentleman that was warned repeatedly was only told to close the umbrella He should have been thrown off .

You know what I really don't understand is the fast pass thing at Disney. Sometimes they are more than eager to hand out fastpasses and other times its like they are giving gold away and no way are they giving them.

People seem to miss the point that regardless of why the tram had to stop, the person still got hurt and that is Disney's fault. Its not Disney's fault if it rains, but it is their fault if someone gets an injury at the property on their tram.

 

[Klayfish]

You know what I really don't understand is the fast pass thing at Disney. Sometimes they are more than eager to hand out fastpasses and other times its like they are giving gold away and no way are they giving them.

People seem to miss the point that regardless of why the tram had to stop, the person still got hurt and that is Disney's fault. Its not Disney's fault if it rains, but it is their fault if someone gets an injury at the property on their tram.

Why is it Disney's fault the kid allegedly got injured? From info given by OP, the CMs were doing exactly what they should. How is this their fault?

 

[Pacolovestacos]

If the child actually did suffer an injury on the Disney tram, then Disney is obviously responsible. It's irrelevant if the driver did or didn't stop too hard. To try and claim Disney didn't do anything wrong makes one look like an apologist.

 

[Pacolovestacos]

Why is it Disney's fault the kid allegedly got injured? From info given by OP, the CMs were doing exactly what they should. How is this their fault?

Because it occurred on their vehicle and by their own actions. How could you possibly try and argue they aren't responsible? Act of God defense?

 

[Pacolovestacos]

You know what I really don't understand is the fast pass thing at Disney. Sometimes they are more than eager to hand out fastpasses and other times its like they are giving gold away and no way are they giving them.

People seem to miss the point that regardless of why the tram had to stop, the person still got hurt and that is Disney's fault. Its not Disney's fault if it rains, but it is their fault if someone gets an injury at the property on their tram.

100% accurate.

 

[Karin1984]

Because it occurred on their vehicle and by their own actions. How could you possibly try and argue they aren't responsible? Act of God defense?

Because we weren't there and will not have all information. It could be that the kid did something that was dangerous, like standing up in a moving vehicle. I have never been on the trams, so no idea how they exactly work but if for example on the Jungle Cruise you stand up in the boat while it's moving, the skipper will stop it. If that happens abruptly, the person could lose balance and fall in the boat, or overboard. Who is to blame, Disney or the person standing up?

We do not know what happened, we weren't there.

Even if/when Disney is responsible, they offered medical assistance, they are not obliged to give out freebies. It's not pixie dust or magical if you think you are entitled to it.

 

[Klayfish]

Because it occurred on their vehicle and by their own actions. How could you possibly try and argue they aren't responsible? Act of God defense?

No, it has nothing to do with Act of "God" (if you believe in that). Just because it happened in their vehicle does not at all make them liable. And that has nothing to do with my being an openly admitted Disney "apologist". From a pure legal liability standpoint, if the CMs were following proper protocol, there is no liability on Disney. I do auto and general liability (slip and fall, food poisoning, etc...) insurance for a living. Certainly haven't come across WDW tram claims, but have countless ones with somewhat similar circumstances. Just because you are injured in a vehicle someone else was driving does not make them liable. Disney can, and likely would, offer to pay a medical bill as a customer service gesture. There's actually specific insurance for that, called MEDPAY. It provides coverage for a small amount of medical bills even if the business isn't liable. Lots of businesses have that. That would be the case here. From what OP posted, a guest did something that could be dangerous and is obviously a clear violation of WDW rules. The CM (I'm guessing) has protocol to tell the driver to stop. The driver (again guessing) has no idea why they are told to stop, only that something is wrong. They come to an immediate halt. Where is liability on Disney? I can tell you it wouldn't hold water in court, if those are the true facts.

EDIT: Best comparable example I can think of that I've dealt with over and over and over is on school buses. A child is standing up in their seat...or even sitting in it. The driver has to slam on the brakes for any variety of reasons. No actual accident occurs, just the driver hitting the brakes hard, or maybe making a turn while a child stands up. Child bumps the seat or falls and gets checked out by the doctor. The school district will carry insurance to pay the medical bills as a gesture of good will, but legal liability is outright denied.

 

[anniemae]

Because we weren't there and will not have all information. It could be that the kid did something that was dangerous, like standing up in a moving vehicle. I have never been on the trams, so no idea how they exactly works but if for example on the Jungle Cruise you stand up in the boat while it's moving, the skipper will stop it. If that happens abruptly, the person could lose balance and fall in the boat, or overboard. Who is to blame, Disney or the person standing up?

We do not know what happened, we weren't there.

Even if/when Disney is responsible, they offered medical assistance, they are not obliged to give out freebies. It's not pixie dust or magical if you think you are entitled to it.

This was my point up thread. I think with social media, people expect "freebies" and "extras" at any little inconvenience. Not saying OP is like that, but people in general. We have all heard the grand stories about free meals, treats, t-shirts, fp's and stuffed animals given out by CM's. Unfortunately, some people have the mentality of, "Hey! Where's my freebie??" Again, not saying OP is like that, just a general observation.

 

[anniemae]

I wish op would come back with more details. I would like to know if his son was standing up, sitting sideways etc. I would also like to know if they refused the ambulance and if not, what did they emt's say about the injury?

 

[Pacolovestacos]

I can tell you it wouldn't hold water in court, if those are the true facts.

When you make a pronouncement like that, you should say IMO (in my opinion). I completely disagree that it wouldn't hold water in court.

As for whether what the OP said is true, I have no reason to doubt them and neither do you. If the tram driver wants to come and post their side of the story, I'll be happy to reconsider.

 

[Klayfish]

When you make a pronouncement like that, you should say IMO (in my opinion). I completely disagree that it wouldn't hold water in court.

As for whether what the OP said is true, I have no reason to doubt them and neither do you. If the tram driver wants to come and post their side of the story, I'll be happy to reconsider.

I suppose for OPs exact situation, you're right, I'd have to say IMO. However, it would be a very well informed IMO. As I said, I see things like this daily. I can say without "IMO" that similar circumstances don't hold water in the legal arena. They simply don't. That's not opinion, it's experience. Reality is that most of them wind up making a settlement...if they ever get far enough where actual litigation is filed. That's simply because plaintiff knows their case isn't strong, and defendant will spend more money in legal defense costs than a nuisance settlement value.

 

[JerseyJanice]

If you are driving and a pedestrian or a deer or whatever runs in front of your car, then you have to stop short to avoid hitting them and as a result the driver behind you rear ends your car, whose fault is that?

You can't plow into the pedestrian or deer to avoid the car behind you not being able to stop in time. You have to stop.

Accidents happen. That's why they are called accidents. The tram driver and CM have a protocol to follow, and it sounds like that is what they did.

What is missing from this story is why the OP's son was the only person who was injured. The tram had other guests including the child's family, so why was he the only person requiring medical attention?

 

[KrazeeK120]

If you are driving and a pedestrian or a deer or whatever runs in front of your car, then you have to stop short to avoid hitting them and as a result the driver behind you rear ends your car, whose fault is that?

It would be the driver behind you's fault. You should never be following someone so closely that you hit them if they have to brake suddenly, for any reason. That's why they teach you to count "one one thousand, two one thousand" in driver's ed. If you get to the spot the driver in front of you was in before you started counting, you're too close.

 

[Jennasis]

Why does there need to be compensation for a non-issue? The kid got bumped and was determined to be fine. Why does it need to go any further? Knees get scraped, kids trip over curbs, accidents happen. Why does more need to be done??

 

[DisneyOma]

If things went down the way OP states, I'd have to say whoever called for emergency braking over an open umbrella probably better take a chill pill.

At 20 mph, an open umbrella becomes rather dangerous.

The gentleman that was warned repeatedly was only told to close the umbrella He should have been thrown off .

Thrown off? In the middle of the tram path? Not safe. Also, he'd then become a safety liability. Perhaps he's disabled and can't walk to his vehicle, etc. And perhaps he didn't understand English.

People seem to miss the point that regardless of why the tram had to stop, the person still got hurt and that is Disney's fault. Its not Disney's fault if it rains, but it is their fault if someone gets an injury at the property on their tram.

Not always. If a guest does something to another guest, or doesn't stay seated, etc, it's not Disney's fault.

If the child actually did suffer an injury on the Disney tram, then Disney is obviously responsible. It's irrelevant if the driver did or didn't stop too hard. To try and claim Disney didn't do anything wrong makes one look like an apologist.

See above - and it sounds like he was the only injury. Why was only one person injured in a sudden stop? Perhaps he has a medical issue, disability, etc, but that's about all I can think of that would cause a person seated appropriately in the tram to get thrown so hard into the front to cause pain and bruising.

 

[Klayfish]

For all the times I've skinned my knee in the wave pool at TL, I should have free FP+ for life...

OK...they were my own doing...my kids think it's a ton of fun for me to throw them into the wave. Leaves me standing face first with my arms raised when the waive hits. I actually do still have a small scar on my one knee from a nasty rug burn I got over a year ago.

 

[Nancyg56]

The quoted paragraph (and bolded part especially) are what I continually have a problem with. What did you expect to get out of it? Medical assistance was called for and taken care of. I just get tired of people always thinking Disney owes them fastpasses and free ice cream and more and more. Yes, I have had issues with Disney and I have complained but I've never been seeking any freebies, just to remedy whatever the issues is.

I also wonder what the compensation the OP wanted. I see nothing out of line with DIsney response, and feel that if the op wanted additional services, compensation or considerations he should have said so at the time.

No, it has nothing to do with Act of "God" (if you believe in that). Just because it happened in their vehicle does not at all make them liable. And that has nothing to do with my being an openly admitted Disney "apologist". From a pure legal liability standpoint, if the CMs were following proper protocol, there is no liability on Disney. I do auto and general liability (slip and fall, food poisoning, etc...) insurance for a living. Certainly haven't come across WDW tram claims, but have countless ones with somewhat similar circumstances. Just because you are injured in a vehicle someone else was driving does not make them liable. Disney can, and likely would, offer to pay a medical bill as a customer service gesture. There's actually specific insurance for that, called MEDPAY. It provides coverage for a small amount of medical bills even if the business isn't liable. Lots of businesses have that. That would be the case here. From what OP posted, a guest did something that could be dangerous and is obviously a clear violation of WDW rules. The CM (I'm guessing) has protocol to tell the driver to stop. The driver (again guessing) has no idea why they are told to stop, only that something is wrong. They come to an immediate halt. Where is liability on Disney? I can tell you it wouldn't hold water in court, if those are the true facts.

EDIT: Best comparable example I can think of that I've dealt with over and over and over is on school buses. A child is standing up in their seat...or even sitting in it. The driver has to slam on the brakes for any variety of reasons. No actual accident occurs, just the driver hitting the brakes hard, or maybe making a turn while a child stands up. Child bumps the seat or falls and gets checked out by the doctor. The school district will carry insurance to pay the medical bills as a gesture of good will, but legal liability is outright denied.

I agree. My DH aunt slipped on a curb at a local restaurant that was covered in snow. She broke her ankle and had surgery to make the correction. SHe went after the restaurant for damages and was shot down quickly The restaurant was not liable as it had not been allowed sufficient time ( I think it was 24 hours, but cannot say for sure) to clear all areas of snow. I think the restaurant paid her expenses, btu cannot even be sure of that. She was pretty mad, but no lawyer would take her case. That said a lot to me.

When you make a pronouncement like that, you should say IMO (in my opinion). I completely disagree that it wouldn't hold water in court.

As for whether what the OP said is true, I have no reason to doubt them and neither do you. If the tram driver wants to come and post their side of the story, I'll be happy to reconsider.

I don't doubt the OP. I just think that without all of the facts it is not responsible to make pronouncements one way or the other.

 

[AngiTN]

If you are driving and a pedestrian or a deer or whatever runs in front of your car, then you have to stop short to avoid hitting them and as a result the driver behind you rear ends your car, whose fault is that?

You can't plow into the pedestrian or deer to avoid the car behind you not being able to stop in time. You have to stop.

Accidents happen. That's why they are called accidents. The tram driver and CM have a protocol to follow, and it sounds like that is what they did.

What is missing from this story is why the OP's son was the only person who was injured. The tram had other guests including the child's family, so why was he the only person requiring medical attention?

Exactly! Something is off if the only person on the entire tram that needed medical attention was the OP's step son. If the injury came from the sudden stop surely someone else would have been injured, even slightly. Something is missing in the story and the main thing is what was the child doing at the time he was harmed. Sitting properly?

For all the times I've skinned my knee in the wave pool at TL, I should have free FP+ for life...

OK...they were my own doing...my kids think it's a ton of fun for me to throw them into the wave. Leaves me standing face first with my arms raised when the waive hits. I actually do still have a small scar on my one knee from a nasty rug burn I got over a year ago.

No, it must be Disney's fault, they need a softer surface in the wave pool

 

[robl45]

Why does there need to be compensation for a non-issue? The kid got bumped and was determined to be fine. Why does it need to go any further? Knees get scraped, kids trip over curbs, accidents happen. Why does more need to be done??

Because people are spending ridiculous amounts of money on the trip. It was an issue, the kid got injured because the tram stopped too quickly, they had to waste time with medical attention. Disney could have helped out and drove them to the next place. They could have made sure they were seated immediately, given them some fast passes. Its really not that hard.

And for the all the people arguing that its not Disney's fault, remember the alligator incident? That wasn't Disney's fault either, a terrible tragedy and I don't know what I'd do if it happened to my kid, but still not Disney's fault that a kid went swimming. Disney took care of that for sure.

As I've said as well. I've had times when I mention my day isn't going well and they hand out fast passes and I've had legitimate real issues at the park and those fast passes are like gold never to be handed out. Yet someone gets injured, loses a good amount of time and Disney can't do anything besides call for medical attention?